We are excited to bring you an update from the NGO Forum held alongside the 77th Ordinary Session of The African Commission on Human and Peoples’ Rights in Arusha, Tanzania. Let’s dive into the highlights of this enlightening discussion and uncover the potential of the Protocol in shaping a brighter future for African women.
Utu Wetu Trust, with support from REDRESS, was privileged to lead a panel discussion on Assessing Achievements, Hurdles, and Opportunities of the Maputo Protocol in Securing the Right to Remedies for Victims/Survivors of Conflict-Related Sexual Violence (CRSV). The panel brought together passionate speakers who shed light on the significance of the Maputo Protocol and its impact on the lives of African women. The speakers were Commissioner Janet Sallah-Njie from the African Commission on Human and People’s Rights (ACHPR) and special rapporteur on the rights of women in Africa, Naitore Nyamu, Head of Office for Physicians for Human Rights in Africa, and Jackie Mutere, Executive Director of Grace Agenda. UTU WETU’s Executive Director, Yvonne Oyieke, moderated the session.
The panel discussion sought to discuss using the Maputo Protocol as a tool for state accountability for related sexual violence. It sat at the intersection of two key themes identified for the forum: Maputo @20, which sought to take stock of the achievements, hurdles, and opportunities 20 years after the adoption of the Protocol, and Silencing the Guns, which sought to reflect on regional efforts to prevent and respond to situations of conflict across the continent.
During the session, we celebrated the profound impact of the Maputo Protocol 20 years after its adoption. It is hailed as the most innovative and progressive women’s rights instrument on the African continent. With an impressive 44 Member States of the African Union ratifying it as of 2023, this instrument has played a pivotal role in securing women’s rights and promoting gender equality across Africa. The protocol is also essential because it recognizes the intersectional nature of human rights violations and offers special protections for women living with disabilities, older women, and widows. Of particular relevance for this panel was the protection provided against conflict-related sexual violence.
Women are explicitly protected by Articles 3(4), which places a duty on the state to prevent and protect women from violence, and sexual violence in particular, and Article 11, which protects women (irrespective of which population they belong) in armed conflict from all forms of violence including rape, and other forms of sexual exploitation and that such acts are considered amongst others crimes against humanity and that perpetrators are brought to justice before a competent criminal jurisdiction.
Commissioner Janet Sallah-Njie provided valuable context by reflecting on the 20-year existence of the Protocol. She highlighted some of the protocol’s critical achievements, including changing the legal landscape for the protection of women at both regional and national levels, as well as women’s empowerment through enhanced political participation and leadership. However, she also acknowledged the hurdles faced, including state parties’ lack of implementation and enforcement and the need for greater awareness and understanding of the Protocol’s provisions.
Naitore Nyamu emphasized the critical role of the Maputo Protocol in ensuring access to justice for victims and survivors of conflict-related sexual violence. She highlighted how the Protocol played a central role in Constitutional Petition 122, where civil society sought to hold the state accountable for the sexual violence experienced during the 2007 post-election violence in Kenya. In 2020, 7 years after the petition was filed, the court found that 4 of the eight petitioners’ rights had been violated and awarded compensation to the tune of 40,000 USD. Her insights underscored the unique context of conflict in Kenya, the gendered nature thereof, the exacerbation of sexual violence and other forms of violence against women, and the central role of the judiciary and judicial mechanisms in the struggle for accountability and access to justice for victims and survivors.
Jackie Mutere from Grace Agenda highlighted the importance of centering the survivor’s voice in all interventions and especially in efforts to enforce the provisions of the Maputo protocol protecting women’s right to be free from all forms of violence, including sexual violence during conflict. She passionately advocated for including survivors of sexual violence in all interventions from the inception to the implementation stage. Mutere highlighted the challenges in securing access to justice for survivors, citing stigma and discrimination associated with sexual violence and challenges in accessing certain services such as health care. She also cited challenges in access to justice, such as lengthy and complicated judicial processes, which saw the granting of an award to 4 out of a potential 3000 victims and survivors of sexual violence during the 2007 post-election period. She questioned the fate of the remaining victims and emphasized the urgent need to address their needs.
From Left: UTU WETU’s Executive Director Yvonne Oyieke , Jackie Mutere of Grace Agenda, Commissioner Janet Sallah-Njie from ACHPR, Naitore Nyamu Head of Office for Physicians for Human Rights in Africa, and UTU WETU’S program associate Leah Aoko after the session.
In closing, the panelists addressed some key recommendations highlighting the necessary steps for Progress toward promoting and protecting women’s rights in Africa.
The first key recommendation was directed towards states, urging them to achieve universal ratification of the Protocol. Recognizing the significance of widespread support, participants emphasized encouraging all states to ratify the Protocol, ensuring its comprehensive implementation across the continent.
Another crucial ask involved prompt reporting under the Protocol by all states parties. The participants emphasized the essentiality of timely and comprehensive reporting for monitoring the Progress and identifying areas that require attention and improvement. By adhering to this ask, states can demonstrate their commitment to transparency and accountability in upholding the rights enshrined in the Maputo Protocol.
Accelerating the domestication and implementation of the Protocol was also a key question during the discussions. Participants stressed the need for states to actively integrate the Protocol’s provisions into their national legal frameworks and ensure effective implementation at all levels. Recognizing the need for adequate resources, panelists emphasized the provision of sufficient funding and support for efforts to promote and protect women’s rights in Africa, aiming to bridge the gap between policy and practice and foster tangible change in the lives of African women. Participants highlighted that the goals outlined in the Protocol would remain aspirational rather than actionable without adequate resources. States and relevant stakeholders must allocate the necessary resources to enable meaningful Progress.
Lastly, preventing conflict-related sexual violence was a pressing concern, and participants stressed the importance of ensuring accountability for such acts. The key ask included measures such as thorough investigations and fair adjudication processes to end the culture of impunity that perpetuates this violence. By holding perpetrators accountable, states could effectively address the root causes of conflict-related sexual violence and work towards its prevention.
Reflecting on the Day: As the session drew close, Progress in the legal framework for women’s rights became evident. However, the harsh reality remains that women still bear the disproportionate impact of violations during conflict, including sexual violence. The panelists emphasized the urgent need to encourage more states to ratify the Protocol and report under its provisions. The panelists called upon state agencies to expedite the implementation of the Protocol and increase the participation of women in decision-making processes.
Looking Ahead: The NGO Forum and the 77th ACHPR Session was a powerful platform for dialogue, reflection, and collaboration. The insights gained from this event will continue to guide our endeavors as we work tirelessly to promote and protect the rights of African women. Together, we can unlock the true potential of the Maputo Protocol and create a future where every African woman can thrive, free from all forms of violence, including conflict-related sexual violence and gendered and other forms of discrimination.